AOS or VAWA. Or should I just leave the country

[Selective 0]

Hi VJ, 

 

I have been lurking on this forum for a long time, in hopes of finding answers to my questions. I’m in a very difficult situation, hope you guys could maybe shed some light in my situation, or give a reality check if needed. 
 

This is going to be long, please bear with me. 
 

I entered the US as F-1 student, fell out of status because my father fell ill and I could not continue my study anymore. By that time, I have already met my USC husband, so I made a mistake to stay here. 
 

During the time I’m out of status, we got into fights multiple times which resulted both of us being arrested for DV. I myself were arrested twice, but both cases was dismissed. 
 

I remember receiving NTA(s) following the arrest while I was being detained. But I have lost the copies. Never went to immigration court, because I was ignorant about immigration law and did not know what to do.
 

We got married eventually. I filed FOIAs with multiple agency, by myself and with help of lawyer. But nothing comes back because I do not have an A number on hand. 

 

Best case scenario, I don’t have deportation order and I could file for green card through my husband.
 

Worst case scenario I have been removed, twice maybe, and there is no chance for me to adjust my status. 
 

Consulted with multiple immigration lawyers, and they all give me different answers. 
 

One lawyer thinks I do not have deportation orders, so I could go ahead and file AOS. Adviced that I might need a 601 waiver. 
 

Another lawyer thinks I have a solid case for VAWA, so I should do that and adjust my status in court, if I have been administratively deported. If not, file with USCIS. But I believe I would have to deal with issue of overstaying F1 visa? The lawyer did not elaborate on that. 
 

What should I do if I cannot find info on my immigration case? I don’t even know if I have deportation order(s) or not. 
 

Filing AOS could just lend me in another removal proceeding. 

I understand that I need a very good reason to reopen deportation case because I did not attend the removal proceedings. If I file VAWA would there be a possibility to reopen/cancel the deportation?

 

All of the lawyers I have consulted with sounded very promising, but then again they are for profit. I am willing to pay but what if those are just empty promises. 
 

I have been stuck in limbo for so long, depressed and anxious about my whole situation. Worse case scenario I have no hope in adjusting and I’ll just go home and cannot enter US for 10-20 years or more. I’m about to give up so maybe I should just do that. 

Thank you so much for reading this long article of mine. I appreciate all opinion and advice. Even if you do not have a solution to my case, I appreciate you for reading my rent. Hope that I did not stress you with my situation though.  
 

To everyone who is filing for immigration benefits, I wish you the best of luck. And to all the immigration experts on this forum, you guys have been amazing and super helpful in giving advice to people on here, thank you. 
 

MM

[Boiler 46,238]

Are you now divorced or separated?

[Selective 0]

6 hours ago, Boiler said:

Are you now divorced or separated?

Neither. I consulted lawyers with the intention of applying GC through marriage to USC. 

 

Some of the consulted lawyers think I could consider VAWA after hearing my case. 
 

The lawyer who thinks I do not have a deportation order stated that AOS through USC would be easier than VAWA. 

[Boiler 46,238]

I am confused about the VAWA when the abuser is the person you are married to and living with.

[Selective 0]

1 hour ago, Boiler said:

I am confused about the VAWA when the abuser is the person you are married to and living with.

He is also the spouse/cohabitant who involved in the previous DV arrests. 

Lawyer suggested VAWA after hearing the details of what led to the arrests. 
 

If VAWA is a valid route I could pursuit, then leaving him and apply for GC is also a choice. 
 

Or I could not go behind his back and file for VAWA?

[Noname93 203]

VAWA is for people who were abused. It sounds like you're only considering leaving your spouse because you think it will give you a better chance at a greencard. If you are in a genuinely abusive situation then get out as fast as you can, and file VAWA as it is your only option. If you are just as happy staying married as you are leaving, you don't qualify.

[SalishSea 18,193]

7 hours ago, MousieMousse said:

Neither. I consulted lawyers with the intention of applying GC through marriage to USC. 

 

Some of the consulted lawyers think I could consider VAWA after hearing my case. 
 

The lawyer who thinks I do not have a deportation order stated that AOS through USC would be easier than VAWA. 

I think you need to research VAWA in greater depth.   It is not for people who could otherwise adjust through marriage or are living with the person they claim has abused them.

[Pinkrlion 2,724]

If the DV occurred before you were married, you do not qualitfy for VAWA. 

[pablo2752 106]

Not an expert in VAWA case much less well versed in amateur level, but I doubt you would be considered VAWA - you are still living with the "abuser." 

 

Know that charges, even if dropped,can be used against you as Crime involving moral turpitude. Its surprising that you didn't attend the immigration court hearing and don't have a removal order. 

[Selective 0]

Greatly appreciate all you guys’ input on this. A reality check I needed indeed. 
 

Being able to adjust status plays a big part in making the decision ngl. And after hearing different things from different lawyers just made me more confused than ever. 
 

I do understand why it sounds like false claims, when my record just looks so bad on paper. 
 

Played the worst outcome possible in my head that’s why I am considering to just leave. As my chance of adjusting is also slim. 
 

I dug this hole that I’m in myself, and I chose to stay in the relationship after all those things happened. 
 

Thanks for all of the opinions VJ. It really is what I needed to clear my head.